Back / lumbar spine decisions — 2019

The Board denied service connection for a low back disorder, finding that the Veteran's current condition is not related to his military service and is more likely due to post-service accidents.

The Board has denied a higher rating for lumbar strain and remanded the issue of service connection for bilateral hearing loss due to duty-to-assist errors.

The Veteran's claim for an increased rating in excess of 20 percent for his degenerative joint disease of the lumbar spine at L3 - L5, also claimed as arthritis at L5-L7 is remanded due to a lack of proper opinions from the VA examiner regarding functional impairment during flare-ups and repetitive use.

The Veteran's lumbar spine disability was granted a 40% rating from November 6, 2009 to January 14, 2013. A TDIU was also granted for this period. The Veteran's prior claim for a TDIU prior to November 6, 2009 and from January 15, 2013 is being referred to the Director of Compensation Service for extraschedular consideration.

The Board has determined that the Veteran's low back disability is related to his active service and grants service connection for this condition.

The Veteran's claims for service connection have been remanded due to the need for further evaluation and consideration of evidence.

The Veteran's claims for service connection for residuals of a left eye injury and right ear injury have been dismissed due to the character of discharge from his period of active duty. The claim for low back condition is remanded, and the claim for respiratory condition, as due to asbestos exposure, requires additional development including obtaining military personnel records and scheduling an examination.,The Veteran's claims for service connection for a low back condition and respiratory condition, as due to asbestos exposure are both remanded.

The Board has granted the Veteran's requests to reopen his service connection claims for major depressive disorder, migraine headaches, sleep apnea, bilateral carpal tunnel syndrome, and low back disability. The appeals are now on their merits.

The Veteran's service-connected conditions have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted his claim for TDIU.

The Veteran withdrew his appeals of all issues on appeal, including service connection claims for various conditions and disabilities. The Board dismissed the appeal as a result.

The Veteran's headaches, back disability, sleep apnea, and diverticulitis are all granted service connection. The left knee chondromalacia is denied. Service connection for hypertension and a left testicular disorder are also denied.,Service connection for the cervical spine disability was granted with an initial 20% rating prior to July 9, 2018, but no higher.

The Board has remanded the Veteran's claims for cervical spine, lumbar spine, and left shoulder disabilities due to insufficient examination reports. The Veteran must provide VA with private healthcare provider records and VA treatment records after March 2016. A new VA spine and shoulder examinations are needed.

The Board has denied service connection for COPD, obstructive sleep apnea, and lumbar spine disability due to lack of evidence. The case is remanded for further examination and opinion.

The Board has reopened the Veteran's claim for service connection for low back disorder, diagnosed as degenerative disc disease of the lumbar spine and arthritis of the lumbar spine with spurring. The Board also granted service connection for this condition, finding that it is at least as likely as not related to his military service.

The Veteran's claims for a higher rating for his thoracolumbar spine DJD and TDIU are being remanded due to the need for additional examinations and records.

The Board has remanded the Veteran's claims for service connection for low back and bilateral knee conditions due to inadequate medical opinions based on a lack of review of the Veteran's full medical history, including his lay statements about symptom onset.

The Board denied reopening of claims for service connection for various conditions, including bilateral hearing loss, tinnitus, a back disability, chronic kidney disease, hydronephrosis as a residual of UPJ obstruction, and aseptic meningitis. The Veteran's contentions were not supported by new and material evidence.

The Board has decided to remand the Veteran's claims of service connection for bilateral hearing loss, disability ratings for low back disability, left lower extremity radiculopathy, right lower extremity radiculopathy, and right ankle fracture. The reasons are that no VA examiner has adequately opined whether the Veteran’s hearing loss is related to exposure to excessive jet engine noise during active duty service, and a new examination must be obtained to determine this relationship. Additionally, examinations are needed to assess the current severity of each disability.

The Board has decided that the Veteran's low back disability may be related to his service and is remanding for further development, including obtaining a new VA examination.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a higher rating for his left shoulder, right and left knee strains, or right ankle strain. However, separate 10 percent ratings are granted for instability of both knees.